No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 113 INDUSTRIAL PROPERTY ACT, 2012 General powers of Tribunal 222. (1) (a) accept evidence by affidavit or take oral evidence on oath or affirmation; (b) allow any witness to be cross-examined on his or her affidavit or oral evidence; (c) confirm, set aside or vary the order or decision in question; (d) exercise any of the powers which could have been exercised by the Registrar in proceedings in connection with which the appeal is brought; and (e) make such order as to costs as it may deem fit. may – In any appeal to the Tribunal under section 220, the Tribunal (2) The Tribunal must, in any proceedings before it in terms of this section, record the proceedings and any evidence heard by it and the decision made by it and the reasons therefor. Proceedings of Tribunal 223. (1) Proceedings before the Tribunal must be conducted in accordance with the rules of the Tribunal prescribed by the Rules Board referred to in section 227. (2) proceedings. The Tribunal is not be bound by the rules of evidence applicable in civil Summoning of witnesses 224. (1) A party to any proceedings before the Tribunal, may procure the attendance of any witness in the manner provided for in the rules of the Tribunal. (2) Any member of the Tribunal and any sitting person as an assessor in any proceedings before the Tribunal may put any question to any witness appearing before it. (3) If any person who has been duly subpoenaed to attend any proceedings before the Tribunal for the purpose of giving evidence or producing any book, record, document or thing in his or her possession or under his or her control, fails without reasonable cause to attend or to give evidence or to produce that book, record, document or thing according to the subpoena or, unless excused by the Tribunal, to remain in attendance throughout the proceedings, the Tribunal may, on being satisfied upon oath or affirmation or by return of the person by whom the subpoena was served, that such person has been duly subpoenaed and that his or her reasonable expenses have been paid or offered to him or her, impose upon the said person a fine not exceeding N$5 000, or in default of payment, imprisonment for a term not exceeding 12 months or both such fine and imprisonment.

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